* 



1 



402 



" Q. Dill you ever fish within thrco mUcs ? — A. No ; 1 don't think ftnyono could fish iu thorc 

 because it is not a fishing j;round. 



" Q. You don't know ol' anyone ? — A. No." 



That is all he could give in the way of contradictions, if I recollect right. On 

 page 340 this question is put to him : — 



" (,}. You cannot sjHiak of iho places where Imlibut have been caught since tiiat time from practical 

 knowli'tlgo ! — A. No. 



" ii. Previous to ISM you were engaged. How many seasons wcro you eir^'ngcd cuteiiing 

 halibut ; — A. I lliiuk some six or eiglit. 



" Ci>. When you were then engaged ilid you go into the Gulf of St. T^u\Tence at all for halibut >. — 

 A. Never. 



"Q. Are you aware that there is a halibnt-fishery around Auticosti? — A. I never wius aware 

 of any. 



" y. Well, the fict that two vessels were .seized there wiiile inside tryinL: tn calrli wnuKl be .sunie 

 cvideliee that thi'V believed tlu' iudiliut were there i — A. Well, thi^y lonk Ibr tlieiii everywhere. 



" (,». Pon't you think they must have hiul rea.soii;ililo grounds f — A. 1 don't think il. Tliey are 

 in the liabit of luokiiiL; everywliere wliere they may be. 



"i). Do yi>n stand by the full meanim,' of ynuv answer tliat you don't tiiink tliey had rea.sonablii 

 'Timnds for believing tlie lisii to be tiiere? — A. Well, a man might have leasonalile grounds for 

 believing they were in the water anywhere." 



Mr. Foster. — Have you the evidciiCL' wliere he says tliat one of his vessels strayed 

 into tlie Gulf of St. Lawrence after halibut ? Look also at Swim's allidavit, page '23N : — 



" (iloiicisliT, October 1(1, 1S77. 

 " 1, Ilenjamin Swim, nf rtlouccstcr, M.iss., on oath depose and .say, that I was born at r.iuringlun, 

 Nova SiMitia, am twenty-seven years of age, and am now master of .sehdoner ' Sarah t.'. I'yle," of 



(Uoueester, and liave I n sinee April of this year eiigaLjed in euil-lishing, during tiiat time 



have landed ITiO.^dil ll,s. nf eoilljsh and abuut ;>,(MI()'11k. ul" lialibul. and ean::bt tl.eni all, liolh endliah 

 and Iialilmt, on Western Danks. Tlio nearest to llie shore that 1 have eangiit fish of any kind this 

 year is at loa.st forty miles. 



"BENJAMIN SWLM, Master of sehooncr ' Sarah C. I'l/k:" 



}fr. Thomson. — Tliis \s wluit Swim says : Mr. Smitli gave the name of tlie " Sarah 

 C. Pyle," of (iloucestcr, Captain Swett, as one vessel tliat had fished near shore in ei;,diteen 

 fatlioiiis of water. 



Mr. Foster. — It is not Sylvanus Smith wiio speaks of that. 



Mr. Thomson. — No; it is Willinin B. Sniitii. The ([iiestion is as follows: — 



us llio name nf any of tliese vessels that you .say have been hsliin:^ within ihat 

 inei^ihteen I'athoins of water ? — \. 1 eangiviMbi' name nf (inc, tin'' Sarah C. I'ylc,' 

 Captain .Swett, nf (Jlouee.-ter I snjiplied him iu the .summer with ■_',S{|(l nuiekcrel." 



"{'an ynu givi 

 distanec of tlie shore 



t 



But whose affidavit have we ? Not the allidavit of Captain Swett, but of Benjamin 

 Swim, of Gloucester. 



Now there is no word that during the whole of this .season he comiiianded the " Sarah 

 C. Pyle." This evidence was given a long time ago, while the iilFidavit which purports to 

 be a contradiction is sworn on the 10th October — months after lie had given the evidence. 

 Captain Swim had the printed evidence, I presmne ; at all event.- some jierson mu.st have 

 had the printed evidence and communicated to him its purport, ll • must have read the 

 statement that it was Captain Swett who commanded her, and tli . the witness WiUiam 

 B. Sniitli sold her 2,H{K) mackerel. Now this affidavit is altogether .-iicnt as to Captain 

 Swett. ii it was intended to be a contriidietion of the witnes.s's statement, there should 

 have been a statement that there was no sueli a [lerson as Captain Swett in edinmaiid of 

 that vessel. Captain Swim does not undertake to .say that he comnmndeil the vessel 

 during the whole time sinee April lust, lie says : — " 1 am now master," S:c. ; " have been 

 since April." He may have sent another iinm out as captain, and himself leinaini'd master 

 upon the register. It woidd be (juite consistent witii aiiytliing that he has stated in his 

 uflidavit. 



.Mr, Foster. — The iitlidavit is dated the lOtli Octoiier, while the evidence was given 

 on the 'jStli September. So there is not such a great wiiiii' between. 



Mr. Thitm.^dn. — Hut it is midoubledly made fur the purpose of eontradiiliiig William 

 h. Smith, imd 1 say that it is a most singular cireiunstance that they produced no allidavit 

 from ('a[)tain Swett. 



Mr. Foster. — There is no Captain Swett. Probably the short-hand reporter got the 

 name wrong. 



Mr. Thomson. — If this allidavit was intended as u contrauik,t'»n, it should have cuii- 



